(1) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Southwest Central Regional Solid Waste Management Board meeting following their request for appeal, unless the request for hearing is received within fourteen (14) days prior to a scheduled board meeting.
(2) In such an event, the appeal will be heard at the following regularly scheduled board meeting.
(b)
(1) Both sides may appear in person or by counsel.
(2) The Southwest Central Regional Solid Waste Management District shall present their case first, followed by the appellant.
(3) Both sides may offer testimony and present evidence to be considered by the board.
(4) Cross-examination shall be allowed as well as questioning by the board.
(c) The hearing shall be conducted by the presiding chair of the board.
(d)
(1) Conduct of the hearing shall be informal.
(2) The chair shall be entitled to use his or her discretion to allow, disallow, or strike any evidence or testimony that they feel is:
(A) Irrelevant;
(B) Unreliable; or
(C) Duplicative.
(e)
(1) The hearing shall be recorded and either party may request a court reporter to develop a transcript of the hearing.
(2) This transcript, along with all evidence presented to and accepted by the chair, shall make up the administrative record in that matter.
(f)
(1) At the close of the hearing or as soon as practicable following same, the board shall enter a written order.
(2)
(A) Each party shall be responsible for drafting proposed written orders to be submitted to the board for consideration.
(B) Alternatively, the board may draft its own order following the close of the hearing.